1 2026:CGHC:17921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3539 of 2026 Durgesh Patle S/o. Late Aatmaram Patel Aged About 28 Years (Constable) R/o. Bairak, Sakri Batalion, Police Station- Sakri, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Sakri, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-Applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. For Complainant/Objector : Mr. Ayush Verma, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.04.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.95/2026, registered at Police Station – Sakri, District : Bilaspur, (C.G.) for the offence punishable under Sections 74 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 30/01/2026, the complainant/victim lodged a written complaint at Police Station Sakri, District Bilaspur (C.G.), alleging that the applicant wrongfully restrained her near the hospital situated at Sakri Battalion, Bilaspur, and attempted to outrage her modesty while she was returning from the said hospital 2 after performing her duties as a nurse. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that there was a love affair between the applicant and the victim, and that the victim’s husband saw her talking to the applicant, on account of which the FIR was lodged. It was also submitted that the complaint was made by the complainant/victim under pressure from her husband. He further submitted that the charge-sheet has already been filed. So far as the criminal antecedents of the applicant are concerned, there are 17 in number, out of which 10 cases have been mentioned in paragraph No. 4(a), and it has been submitted that only 6 cases are presently pending. The applicant has been in jail since 27.02.2026, the trial is in progress, and it is likely to take considerable time to conclude. Therefore, it is prayed that the applicant be granted bail. 4. On the other hand, the learned State Counsel as well as the objector/complainant opposed the bail application and submitted that the statement of the victim recorded under Section 183 of the BNSS shows that the victim is a married woman working as a nurse in a hospital. It was alleged that on the date of the incident, i.e., 30.01.2026, the applicant/accused was present at his place of duty since morning. He suddenly experienced chest pain and went to the Battalion Hospital to obtain medicine. After taking the medicine, when he came out of the hospital, the victim, who is a nurse, was sitting on her scooter outside the hospital and was preparing to leave. The applicant greeted the victim and thereafter began harassing and misbehaving with her, when she refused to talk to him, the situation escalated. Thereafter, she informed her husband about the said incident, and subsequently a complaint was made. So far as the criminal antecedents of the applicant are concerned, 3 there are 17 in number, out of which 10 cases have been mentioned in paragraph No. 4(a). The counsel for the applicant submitted that only 6 cases are presently pending, it was contended that the present bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that considering the statement of the victim recorded under Section 183 of the BNSS and so far as the criminal antecedents of the applicant are concerned, there are 17 in number, out of which 10 cases have been mentioned in paragraph No. 4(a), further the counsel for the applicant submitted that only 6 cases are presently pending, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant - Durgesh Patle involved in Crime No.95/2026, registered at Police Station – Sakri, District : Bilaspur, (C.G.) for the offence punishable under Sections 74 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti